logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.09.20 2017가합105740
대여금
Text

1. The Defendant’s KRW 300,000,000 as well as 12% per annum from September 9, 2016 to September 14, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. A person having a pro rata relationship with C, who has served as the Defendant’s director, and around December 201, the Plaintiff loaned KRW 300 million to the Defendant several times from September 201 to September 2015. During the foregoing period, the Plaintiff was repaid all or part of the interest and principal of each loan from the Defendant for several times.

B. On September 8, 2015, the Plaintiff additionally lent KRW 250 million to the Defendant. On the same day, the Defendant prepared a certificate of monetary rent (Evidence A6) with the content of KRW 150 million, including the loan amount of KRW 150 million not paid until the said KRW 250 million, to the Plaintiff on the same day, as the leased principal, and the due date was December 31, 2016, with the interest rate of KRW 400,000 per month (per month).

C. Even after the Plaintiff’s additional payment to the Defendant, KRW 10 million on November 13, 2015, and KRW 50 million on February 26, 2016.

was lent under the same conditions as the loans described in the subsection.

(hereinafter “The Plaintiff’s respective loans to the Defendant” is each of the instant loans. D.

During the period from September 8, 2015 to September 8, 2016, the Plaintiff received KRW 250 million out of the interest and principal of each of the instant loans from the Defendant until September 8, 2016.

[Ground of recognition] Facts without dispute, Gap 2 and 6 (the defendant's defense that the stamp image of the defendant's company Gap's company affixed with Gap's evidence 6 was stolen by Eul, but the evidence submitted by the defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it, and the defendant's ground of rejection is without merit), Eul's evidence 7 and Eul's evidence 1 (including each number), and the purport of the whole pleadings.

2. Determination

A. According to the facts of the determination as to the cause of claim, the Defendant paid to the Plaintiff the principal amounting to KRW 250 million out of the principal amount of each of the instant loans amounting to KRW 550 million and the interest only to September 8, 2016 on each of the instant loans, barring any special circumstance, the remaining principal amount of each of the instant loans is KRW 300 million, barring any special circumstance.

arrow